Egan v. Louisville & Southern Indiana Traction Co.
Indiana Court of Appeals
Prom Clark Circuit Court; Harry C. Montgomery, Judge. Action by John J. Egan against the Louisville and Southern Indiana Traction Company. Prom a judgment for defendant, the plaintiff appeals.
1Opinion of the CourtIbach, J.
This is an action at common law for negligence arising out of the relation of master and servant. Appellant has averred some facts which might be held to be sufficient to support a complaint drawn under subd. 2 of §1 of the Employers’ Liability Act (Acts 1893 p. 294, §8017 Burns 1908), but we are not required to determine this question because the record and the briefs of both parties make it apparent that the theory upon which the cause was tried in the court below was, that the defendant did not furnish plaintiff a safe place to work, and because of this neglect of duty he was injured.
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2Cases cited5 opinions
- Consolidated Stone Co. v. SummitIndiana Supreme Court · 1899
- Chicago, Indianapolis & Louisville Railway Co. v. WilfongIndiana Supreme Court · 1910
- Indianapolis Abattoir Co. v. TemperlyIndiana Supreme Court · 1902
- Baldwin v. SiddonsIndiana Court of Appeals · 1910
- Baltimore & Ohio Southwestern Railway Co. v. WelshIndiana Court of Appeals · 1897
3Cited by2 opinions
- Chicago, Indianapolis & Louisville Railway Co. v. GormanIndiana Court of Appeals · 1914
- W. McMillen & Son v. HallIndiana Court of Appeals · 1915